Supreme Court (Chapter VI Amendment No. 11) Rules 1997

i Supreme Court (Chapter VI Amendment No. 11) Rules 1997 S.R. No. 139/1997 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Amendment of Rule 1.06.1 1 6. Order 10 inserted 2 ORDER 10—APPLICATIONS UNDER PART IIA OF THE EVIDENCE ACT 1958 2 10.01. Application 2 10.02 Application under section 42E 2 10.03 Application under section 42L 2 10.04 Application under section 42M 2 10.05 Application under section 42N 3 10.06 Application under section 42P 3 7. New Forms 10A and 10B inserted 3 ═══════════════ NOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 1997 S.R. No. 139/1997 Supreme Court Act 1986 Supreme Court (Chapter VI Amendment No. 11) Rules 1997 The Judges of the Supreme Court make the following Rules: 1. Object The principal object of these Rules is to facilitate applications to the Court under Part IIA of the Evidence Act 1958. 2. Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers. 3. Commencement (1) These Rules (apart from Rule 5) come into operation on the day on which section 5 of the Evidence (Audio Visual and Audio Linking) Act 1997 comes into operation. (2) Rule 5 comes into operation on 2 February 1998. 4. Principal Rules In these Rules, the Criminal Appeals and Procedures Rules 1988 1 are called the Principal Rules. 5. Amendment of Rule 1.06.1 In Rule 1.06.1 of the Principal Rules after "Order 42" insert ", apart from Rule 42.10,". -- 2 of 8 -- S.R. No. 139/1997 Supreme Court (Chapter VI Amendment No. 11) Rules 1997 2 6. Order 10 inserted After Order 9 of the Principal Rules insert— "ORDER 10—APPLICATIONS UNDER PART IIA OF THE EVIDENCE ACT 1958 10.01. Application This Order applies to applications under Part IIA of the Evidence Act 1958. 10.02 Application under section 42E An application under section 42E(1) of the Act shall be made in accordance with Order 41A of Chapter I. 10.03 Application under section 42L Unless the application is made in accordance with sub-section (5)— (a) notice of an application under section 42L of the Act shall be in Form 10A; (b) a copy of the notice shall be served as soon as practicable after the notice has been filed; and (c) service may be by pre-paid post. 10.04 Application under section 42M Unless the application is made in accordance with sub-section (5)— (a) notice of an application under section 42M of the Act shall be in Form 10B; (b) a copy of the notice shall be served as soon as practicable after the notice has been filed; and (c) service may be by pre-paid post. r. 6 -- 3 of 8 -- S.R. No. 139/1997 Supreme Court (Chapter VI Amendment No. 11) Rules 1997 3 10.05 Application under section 42N Unless the application is made in accordance with sub-section (3)— (a) notice of an application under section 42N of the Act shall be in Form 10B; and (b) a copy of the notice shall be served as soon as practicable after the notice has been filed; and (c) service may be by pre-paid post. 10.06 Application under section 42P Unless the application is made in accordance with sub-section (5)— (a) notice of an application under section 42P of the Act shall be in Form 10B; (b) a copy of the notice shall be served as soon as practicable after the notice has been filed; and (c) service may be by pre-paid post.". 7. New Forms 10A and 10B inserted After Form 9A to the Principal Rules insert— " RULE 10.03 FORM 10A NOTICE OF APPLICATION UNDER SECTION 42L OF THE EVIDENCE ACT 1958 In the Supreme Court at The Queen v. [name of accused] r. 7 -- 4 of 8 -- S.R. No. 139/1997 Supreme Court (Chapter VI Amendment No. 11) Rules 1997 4 PARTICULARS OF APPLICATION TAKE NOTICE that the applicant,[name of applicant], intends to apply to the Court for a direction that the accused appear, or be brought, physically before it. Type of hearing—[insert details]. Date of hearing—[insert details] The grounds on which this application are made are—[set out grounds] Date— [Signature] RULES 10.04, 10.05 and 10.06 FORM 10B NOTICE OF APPLICATION UNDER SECTION 42M, 42N or 42P OF THE EVIDENCE ACT 1958 In the Supreme Court at The Queen v. [name of accused] PART 1—PARTICULARS OF APPLICATION TAKE NOTICE that the applicant,[name of applicant], intends to apply to the Court for a direction that the accused appear before it by audio visual link. 1. Type of hearing—[insert details]. 2. Date of hearing—[insert details]. 3. The grounds on which this application is made are—[set out grounds] 4. Is this application being made with the consent of the parties to the proceeding?— 5. If the answer to question 4 is No, what parties have not given consent?— 6. If the accused is in custody, do facilities exist for an audio visual r. 7 -- 5 of 8 -- S.R. No. 139/1997 Supreme Court (Chapter VI Amendment No. 11) Rules 1997 5 link?— Date— [Signature] PART 2—PARTICULARS OF HEARING (to be completed by the Prothonotary) The application will be heard before the Judge in the Practice Court, Supreme Court, William Street, Melbourne, on [e.g. 20 June, 19 ]at a.m. [or p.m.] or so soon afterwards as the business of the Court allows. FILED [e.g. 15 June, 19 ].". Dated: 27 November 1997 J. H. PHILLIPS, C.J. JOHN WINNEKE, P. ROBERT BROOKING, J.A. R. C. TADGELL, J.A. W. F. ORMISTON, J.A. JOHN D. PHILLIPS, J.A. STEPHEN CHARLES, J.A. F. H. CALLAWAY, J.A. J. M. BATT, J.A. PETER BUCHANAN, J.A. BARRY BEACH, J. G. HAMPEL, J. F. H. R. VINCENT, J. BERNARD G. TEAGUE, J. ALLAN W. McDONALD, J. T. H. SMITH, J. DAVID ASHLEY, J. JOHN J. HEDIGAN, J. DAVID BYRNE, J. r. 7 -- 6 of 8 -- S.R. No. 139/1997 Supreme Court (Chapter VI Amendment No. 11) Rules 1997 6 D. L. HARPER, J. G. M. EAMES, J. PHILIP MANDIE, J. ROSEMARY BALMFORD, J. ALEX CHERNOV, J. ═══════════════ r. 7 -- 7 of 8 -- S.R. No. 139/1997 Supreme Court (Chapter VI Amendment No. 11) Rules 1997 7 NOTES 1 S.R. No. 127/1988. Reprinted to S.R. No. 182/1993 and subsequently amended by S.R. Nos 71/1995, 57/1996, 119/1996 and 60/1997. Notes -- 8 of 8 --